Overview:
The town of Orange is seeking a governor's bill to increase its Selectboard from three to five members, after it was discovered that the board was improperly adjusted eight years ago. The bill would ratify all actions taken since 2018 and permit current members to fulfill their terms. However, a group of residents has formed the Orange Citizens Advocacy Group and plan to send Governor Healey a letter advocating that she not file a governor's bill.
ORANGE — The Selectboard is trying to fix a problematic situation after it was discovered that the town improperly adjusted its board membership eight years ago.
Members voted unanimously on Wednesday to ask Gov. Maura Healey to file a governor’s bill increasing the Orange Selectboard from three members to five. Passage of the bill would ratify all actions the board has taken since its first five-member meeting in the spring of 2018 and permit current members to fulfill their terms.
This remedy would require the state Legislature to then pass that bill by a two-thirds majority, so as a safeguard, the town has opened a warrant for a Special Town Meeting this month so residents can vote on a properly worded article regarding membership.
“We’re essentially walking in two lanes,” Town Administrator Matthew Fortier said.
His wife, Town Clerk Rachael Fortier, received a letter from Constable Tim Sakach, who expressed concerns about the process of tweaking the Selectboard from three to five members.
“The writer of the letter was correct,” Town Counsel Donna MacNicol said at the meeting, referencing Sakach. “We didn’t follow the process correctly.”
Town voters opted at a Special Town Meeting on Oct. 26, 2017, to increase the number of Selectboard members from three to five. The next election was held the following spring. But state law does not allow towns to increase their Selectboard membership without special legislation, which the approved warrant article did not request.
MacNicol took responsibility for the error, as she had reviewed the Special Town Meeting warrant.
“I basically didn’t believe the [state’s] charter statute applied, because Orange didn’t have a charter,” she explained. “Essentially, the truth of the matter is, certain provisions in the charter statute apply whether you have a charter or not. This was one of them. So, basically, we’re now trying to correct that mistake.”
She also advised Selectboard members to “continue to act as you are.”
In case the governor does not file a bill as requested, the town is putting the necessary article onto the warrant for the Oct. 27 Special Town Meeting.
“So either way, we believe we’ll have everything set in time for nomination papers and for elections for five Selectboard members at the election,” MacNicol said. “And in the meantime, all of your actions would have been ratified.
“And the reason for the timeframe is that legislators have indicated to us that if they can get the … special legislation — if we have to go that route — filed by Oct. 29,” she continued, “then they’re hopeful they can get it done in the session, so that we don’t have to wait until later.”
Fortier mentioned there is a question as to whether the town clerk can let two additional people take out nomination papers this winter.
State Rep. Susannah Whipps, I-Athol, and state Sen. Jo Comerford, D-Northampton, are joining the five Selectboard members in signing a letter to Healey asking for a governor’s bill to resolve this matter. MacNicol said the seven signatures would show the governor and the Legislature “that this is what the town wants, this is what the town needs.”
The letter, drafted by Matthew Fortier and read aloud on Wednesday by Selectboard Vice Chair Julie Davis, states that the town could be exposed to “significant detrimental repercussions” if this problem is not remedied.
Whipps said in an interview Thursday that this situation is not unprecedented in the state, as Rutland had the same issue. It was resolved through a bill filed in March 2023.
Whipps said she was made aware of Orange’s situation when Matthew Fortier called her about it. She said that instead of focusing on the error, she wants all energy put toward finding a solution.
“Obviously, a mistake was made and we need to correct it as quickly as possible,” she said.
However, residents have formed the Orange Citizens Advocacy Group and plan to send Healey a letter advocating that she not file a governor’s bill.
“As residents of Orange, we oppose the expansion of our Selectboard through a special act without the explicit authorization of a Town Meeting, as required by the Home Rule Amendment [to the state Constitution],” the letter reads. “The 2017 vote did not approve petitioning the Legislature, and many believe that the five-member board has caused inefficiencies and other problems.”
The letter also states that direct special acts — bills introduced in the Massachusetts General Court without a formal home rule petition initiated by Town Meeting — are without precedent for substantive governance changes. They are commonly reserved for minor technical corrections or time-critical emergencies.
“In contrast, expanding a selectboard from three to five,” the letter continues, “is a fundamental change to local government structure — altering decision-making dynamics, quorum rules and representation — which doesn’t qualify as ‘technical’ or ’emergent.'”
The only identified member of this group is Tim Sakach, the constable who brought this issue to the town clerk’s attention. He said the group formed about six months ago, but would not disclose the number of members or their names.
